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Inverness soldier who killed waiter loses freedom bid

Michael Ross
Michael Ross

A former Inverness soldier convicted of killing an Orkney waiter when he was just 15 has lost his bid for freedom.

Michael Ross, who was found guilty of shooting a Bangladeshi waiter in one of Scotland’s most notorious murder cases, has been told that his conviction is not a miscarriage of justice.

The Scottish Criminal Cases Review Commission (SCCRC) has ruled that it will not refer Ross’s case for a fresh appeal.

Shamsuddin Mahmood
Shamsuddin Mahmood

The Justice for Michael Ross campaign said the former army sniper was “disappointed but remaining strong” and had vowed to fight on to secure his freedom.

The 1994 assassination of waiter Shamsuddin Mahmood, in the Mumutaz Indian Restaurant in Kirkwall by a man wearing a balaclava to hide his face, was said to have been motivated by racism.

But the former Black Watch platoon sergeant, who was a war hero by the time he was convicted in 2008, has always denied the murder.

Ross’s father Eddy, a former policeman, said he and Ross’s mother Moira were saddened by the SCCRC decision.

Mr Ross sen was convicted in 1997 of attempting to pervert the course of justice and served two years of a four-year jail sentence for failing to reveal he had bullets in his possession that matched the ammunition used to kill the victim.

The 63-year-old said: “Although we are all desperately disappointed for Michael and the family, the outcome of the SCCRC review certainly did not surprise us in the slightest.

“As far as I am concerned, all the SCCRC has done has been to waste its time and, more importantly, waste our time.

“This is not the end of the road. The fight will go on.”

Local woman Karen Foubister, who leads the campaign group with Ross’s cousin, Craig Thomson, said: “Michael is disappointed but not surprised. He has no reason to have any confidence in legal processes up to now, however, he is optimistic for the future because he knows he is innocent as do his supporters.

“I spoke to him after he was informed of the decision on Wednesday and he is far from crushed. He has told us all not to worry about him. Michael is a fighter and he will keep going to get his conviction quashed.”

Campaigners have been told by the SCCRC they have 25 days to send any new evidence that may back up the arguments they previously submitted.

Ross also has the option of submitting an entirely fresh application to the commission if credible new evidence in his favour emerges.